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## ICR SUPPORTING STATEMENT OUTLINE

Part A of the Supporting Statement National Refrigerant Recycling and Emissions Reduction Program

1. IDENTIFICATION OF THE INFORMATION COLLECTION

1(a) Title and Number of the Information Collection

This ICR is entitled “ National Refrigerant Recycling and Emissions Reduction Program ”, EPA

ICR Number: 1626.1 2

, OMB Control Number: 2060

- 0256

1(b) Short Characterization/Abstract

The Environmental Protection Agency (EPA) has developed regula tions under the Clean Air Act Amendments of 1990 (the Act) establishing standards and requirements regarding the use and disposal of class I and class II refrigerants during the service, maintenance, repair, or disposal of refrigeration and air

- conditionin g equipment. Section 608(c) of the Act states that effective July 1, 1992 it is unlawful for any person in the course of maintaining, servicing, repairing, or disposing of refrigeration or air

- conditioning equipment to knowingly vent or otherwise knowingl y release or dispose of any class I or class II substance used as a refrigerant in the equipment in a manner which permits the substance to enter the environment.

During 1993, EPA promulgated regulations under section 608 of the Act for the recycling

of ozone

- depleting refrigerants recovered during the servicing and disposal of air

- conditioning and refrigeration equipment. These regulations were published on May 14, 1993 (58 FR 28660) and codified in 40 CFR subpart F ( § 82.150 et seq. ).

The regulations require persons servicing refrigeration and air

- conditioning equipment to observe certain service practices that reduce emissions of ozone depleting refrigerants. The regulations also establish certification programs for technicians, recovery/recycling equipment,

and off

- site refrigerant reclaimers. In addition, EPA requires that ozone

- depleting refrigerants contained "in bulk" in appliances be remov ed prior to disposal of the appliances and that all refrigeration and air

- conditioning equipment, except for small appliances and room air conditioners, be provided with a servicing aperture that facilitates recovery of the refrigerant. Moreover, the Age ncy requires that substantial refrigerant leaks in equipment be repaired when they are discovered. These regulations significantly reduce emissions of ozone

- depleting refrigerants, and therefore aid U.S. and global efforts to minimize damage to the ozone layer and

the environment as a whole.

To facilitate compliance with and enforcement of section 608 requirements, EPA requires reporting and recordkeeping requirements of technicians; technician certification programs; equipment testing organizations; ref rigerant wholesalers and purchasers; refrigerant reclaimers;2

refrigeration and air

- conditioning equipment owners; and other establishments that perform refrigerant removal, service, or disposal. The recordkeeping requirements and periodic

submission of re ports to EPA's Office of Air and Radiation, Office of Atmospheric Programs occur on an annual, biannual, onetime, or occasional basis depending on the nature of the reporting entity and the length of time that the entity has been in service. Specific repo rting and recordkeeping requirements were published in 58 FR 28660 and codified under 40 CFR subpart F ( § 82.166). Recordkeeping requirements for affected entities consist of the following:

 programs certifying technicians must maintain records on each te chnician certified through their programs;

 any distribut ion or
, offer to sell or distribute any refrigerant must retain invoices that indicate the name of the purchaser, the date of sale, and the quantity;

 purchasers of refrigerants must maintain proof of technician certification;

 wholesalers of refrigerants must maintain refrigerant sales records;

 approved refrigerant recovery/recycling equipment testing organizations must maintain records of refrigerant recovery/recycling equipment testing and performanc e and refrigerant recovery/recycling equipment that meets EPA standards;

 approved equipment testing organizations shall submit to EPA within 30 days of the certification of an new model line of recycling or recovery equipment;

 refrigerant reclaimers must maintain records on their customers and the quantity of material sent to them for reclamation;

 disposers of refrigeration and air

- conditioning equipment must maintain copies of signed statements attesting that the refrigerant has been removed prior to fina l disposal of each appliance;

 people servicing appliances normally containing 50 or more pounds of refrigerant must maintain service documents and provide service invoices to owner or operator;

 owners or operators of appliances normally containing 50 or more pounds who add their own refrigerant must keep records of the amounts of refrigerant purchased and added to their appliances; and

 owners of refrigerant recovery equipment must certify that they have acquired and will properly use such equipment.

Peri odic reports include the following:

 approved technician certification programs must submit biannual reports on their pass/fail rates and the next year ’ s testing schedule;

 approved refrigerant recovery/recycling equipment testing organizations must submit an annual list of refrigerant recovery/recycling equipment that meet EPA standards and must notify EPA whenever a model of refrigerant recovery/recycling equipment fails a three

year recertification test;

 refrigerant reclaimers must submit annual re ports noting the mass of refrigerant

reclaimed by refrigerant type and the mass of waste products produced;

 owners of industrial process refrigeration (IPR) equipment (i.e., appliances) whose3

appliances fail a verification test and owners of industrial pr ocess refrigeration appliances and federally

- owned commercial and comfort cooling appliances who wish to receive an extension or exclusion under the leak repair amendment are subject to additional reporting and recordkeeping requirements.

Copies of these reports are forwarded by the affected entities and stored at EPA headquarters.

The previously Office of Management and Budget (OMB)

- approved ICR 1626. 10 expires on November 30, 2014 . EPA has not promulgated any regulation that changes the recordkeeping or reporting requirements since the previous ICR renewal. Prior to submission of this ICR for renewal, EPA updated and verified the estimates of the number of respondents based on Agency experience in reviewing submitted reports from respondents, enforc ement data, and Agency review of respondent applications for approval. EPA will continue to update the estimate of wages, taking into account any guidance provided by EPA's Office of Environmental

Information and OMB.

EPA has estimated that there are 8 83 ,680 a nnual respondents consisting of representatives from

the air

- conditioning and refrigeration community, including but not limited to service repair shops, refrigerant reclaimers, and refrigerant wholesalers. The annual cost of collec tion and

maintena nce of records, as well as reports to EPA, for the respondents is estimated to total $ 14, 202,991

.

2. NEED FOR AND USE OF THE COLLECTION

2(a) Need/Authority for the Collection

In order to facilitate compliance with and enforce the section 608 requirements of the Act, EPA requires reporting and recordkeeping requirements of technicians, technician certification programs, refrigerant recovery/recycling equipment testing organizati ons, refrigerant wholesalers and purchasers, refrigerant reclaimers, refrigeration and air

- conditioning equipment owners, and other establishments that perform refrigerant removal, service, or disposal. Specific reporting and recordkeeping requirements we re published in 58 FR 28660 and codified under 40 CFR subpart F ( § 82.166).

2(b) Practical Utility/Users of the Data

The purpose and need of this renewed collection request is to facilitate compliance with and enforcement of section 608 of the Act by redu cing emissions of class I and class II ozone

depleting refrigerants to the lowest achievable level during the service, maintenance, repair, and disposal of appliances. EPA has used and will continue to use these records and reports to ensure that refriger ant releases are minimized during the recovery, recycling, and reclamation

processes.4

This collection is a renewal of the previously OMB

- approved Information Collection Request (ICR) Number 1626. 1 1 . The regulations implementing the above provisions were published in 58 FR 28660 and are codified at 40 CFR p art 82, s ubpart F ( § 82.150 et seq. ). Collection of this information was approved through November 30, 2014

.

EPA requires reporting and recordkeeping requirements of technicians, technician

ce rtification programs, refrigerant recovery/recycling equipment testing organizations, refrigerant wholesalers and purchasers, refrigerant reclaimers, refrigeration and air

- conditioning equipment owners, and other establishments that perform refrigerant rem oval, service, or disposal. The recordkeeping requirements and periodic submission of reports are made directly

to EPA's Office of Air and Radiation.

3. NON

- DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION

CRITERIA

3(a) Non

- duplication

The specific inform ation requested is not currently collected by any other EPA office or any other government agency with the exception of some chlorofluorocarbons (CFCs) listed under the Resource Conservation and Recovery Act (RCRA). However, since RCRA concerns

itself wit h disposal of wastes and the recycling rule specifically requires that refrigerants be recovered rather than disposed, any information currently collected under RCRA would not be considered a duplication of effort.

3(b) Public Notice Required Prior to IC R Submission to OMB

A Federal Register notice announcing our intent to renew this ICR was published July 14, 2014. No comments were received.

3(c) Consultations

EPA consulted two refrigerant reclaimers, a refrigerant wholesaler, and two technician certification programs, all of whom confirmed our burden calculations.

3(d) Effects of Less Frequent Collection

The information requirements in the rule are either one

- time, annual, semiannual, or occasional submissions depending on the nature of the rep orting entity and the length of time that the entity has been in service.

One

- time submissions cannot be submitted less frequently by definition. These include the following:5

 Application for approval of refrigerant recovery/recycling equipment testing organizations;

 Testing organization notification of newly certified or decertified recovery devices;

 Application for approval of technician certification organizations;

 Recovery device acquisition certification (by service and disposal establishments);

 Refrigerant reclaimer certification;

 Owners of industrial process refrigeration equipment who need more than 30 days to complete repairs or more than one year to retrofit or replace equipment must submit documentation to EPA explaining their need for add itional time.

The information that is required to be submitted annually is detailed below. Collecting this information less than annually would hinder EPA enforcement efforts.

 Testing organization notification of all previously certified recovery devices;

 Approved technician certification organizations must submit a biannual activity report that includes the pass/fail rate and testing schedule for the next six months; and

 Recl aimer reports on the quantities of used refrigerant received and processed.

3(e) General Guidelines

Section 608(a)(3) of the Act requires maximization of the recapture and recycling of

class I and class II ozone

- depleting refrigerants. Enforcement of t hese provisions of the Act is insured by requiring annual reports of refrigerant recovery/recycling equipment test organizations and refrigerant reclaimers.

Biannual activity reports are required of programs certifying technicians. These activity

reports allow EPA to determine the relative progress and success of these programs. This is imperative since each of these programs acts as a third party certifier on behalf of EPA. The reports also allow opportunities for feedback from the programs concerning test questions and question bank modifications.

There are instances under which EPA is requesting information within 30 days. Newly approved refrigerant recovery/recycling equipment testing organizations shall submit a list of all certified refrigerant r ecovery/recycling equipment to EPA within 30 days of the organization's approval by EPA. In order to ensure the maximization of recapture and recycling of class I and

class II ozone

- depleting refrigerants as mandated by section 608(a)(3)(B) of the Act, EP A

established a 30

- day reporting deadline for approved refrigerant recovery/recycling equipment testing organizations when a new model line of recycling/recovery equipment has been certified or when retests of refrigerant recovery/recycling equipment show that a previously certified model line fails to meet EPA requirements. A deadline of greater than 30 days, might allow refrigerant recovery/recycling equipment that is faulty or below standard into commerce. Once substandard refrigerant recovery/recycli ng equipment entered circulation

, the chances of a recall

are less likely and the opportunity for refrigerant venting from substandard equipment increase s

.6

T o reduce the emissions of class I and class II ozone

- depleting refrigerants to the lowest

achievab le amount, EPA is requesting continued collection of information concerning the following leak repair reporting and recordkeeping requirements, in accordance with 40 CFR

82.156:

 Owners/operators of commercial and comfort cooling appliances and owners of I PR who decide to retrofit/retire appliances instead of repairing them must maintain a retrofit/retire plan at their place of business.

o T hose taking the retrofit/retire option have three paths to choose from to determine the total time allowed to complete t he retrofit/retirement of their equipment. The three paths are determined by: (1) If the appliance is custom built, the owners or operators may apply to EPA for an extension to the leak repair time frames due to a lack of parts availability (i.e., more t han 30 weeks needed for parts to become available) or (2) other regulations require delays or a suitable replacement refrigerant with a lower ozone

- depleting potential is not available or (3) more than two years are needed for the retrofit/retirement. For (1) and (2), the owner/operator must submit an extension request in the form of a report to EPA within six months after the end of the 30

- day period initiated by the original determination that their appliance leaked above 35%. They must also

maintain r ecords adequate to determine that the appliance is custom built and that parts are not available. Owners/operators can seek further extensions by submitting an additional extension request within 30

- days of discovering the need for more time. For (3), th e owner/operator determines that an additional year is required in addition to the original year granted under (1), the owner/operator can submit a request in the form of a report for additional time to complete the

retrofit/retirement.

 Owners/operators who take the leak repair option may seek an exemption to the 30

- day repair option by submitting a report to EPA within 30 days of determination, but only if they site availability of parts as the reason for the request.

o Upon a failed follow

- up verification test for IPR or under some circumstances owners/operators of federally owned comfort cooling and commercial appliances, the owner or operator is required to report to EPA that the verification test failed and develop a retrofit/retirement plan within 30

- d ays. The plan is maintained onsite, and the original plan must be readily available to EPA upon request.

o Once retrofit/retirement is required as a result of failed verification, the owner/operator of IPR or under some circumstances owners/operators of fe derally owned comfort cooling and commercial appliances may seek relief from the retrofit/retirement plan by following one of two options for second repair efforts, in accordance with 40 CFR 82.156(i)(6), (i)(3)(ii), and (i)(3)(iii).

1. Report to EPA within 3 0 days of successful verification that second repair attempts held. This report results from the repairs of the same leaks subject to the first repair efforts within 30 days of the original failed7 follow

- up verification test.

2. Report to EPA within 30 days that the obligation to retrofit/replace is relieved. This report results from an inclusion in the original notification to EPA of the parameters used to establish that a leak rate is less than 35%. Such notification allows the owner/operator 180 days fro m the original failed verification to determine the leak rate using the approved

parameters.

The requirements of this collection do not exceed any other guidelines.

3(f) Confidentiality

The information collected under this ICR renewal is used to facil itate compliance with and enforcement of section 608 of the Clean Air Act. The recordkeeping requirements and periodic submission of reports are not shared with parties outside of the Federal government. The handling and confidentiality of the reporting requirements for assuring computer data security; preventing disclosure, proper storage, and proper disposal follow EPA's confidentiality regulations (40 CFR 2.201 et seq.)

3(g) Sensitive Questions

This ICR renewal does not ask questions of a sensitive nature. The required recordkeeping and reporting requirements do not ask any questions concerning sexuality, religious beliefs, or other matters, usually considered private.

4. THE RESPONDENTS AND THE INFORMATION REQUESTED

4(a) Respondents / North Amer ican Industry Classification System (NAICS) Codes

The following is a list of NAICS codes potentially affected by the manifest information requirements covered under this ICR:

NAICS Category

81131 Commercial Industrial Machinery and Equipment (not Automotive and

Electronic) Repair and Maintenance

811412 Appliance Repair and Maintenance

42193 Recyclable Material Wholesalers (Metal scrap and waste)

541380 Environmental Test Laboratories /Services8

443111 Household Appliance Stores

23511 Plumbing, Heating, Air Conditioning Contractors

42111 Automobile and Other Motor Vehicle Wholesalers

42112 Motor Vehicle Suppliers and New Parts Wholesalers

44131 Automotive Parts and Accessories Stores

311, 445120,

237990, 236220

,

31212, 31211,

312113, 3118,

324110, 3254,

325 Owners/operators of industrial process refrigeration equipment

493210, 311,

452910, 445110,

447110, 493120,

811310 , 49312,

49313 Owners/operators of commercial refrigeration equipment

45, 48, 53, 55,

72 , 622, 531312 Owners/operators of comfort cooling air

- conditioning equipment

This listing is not all inclusive, but is consistent with the types of organizations potentially impacted by this Information Collection Request.

4(b) Information Requested
(i) Da ta items

- including recordkeeping and reporting requirements

All records pursuant to this ICR must be kept onsite at the respondents' place of business for a minimum of three years. Records are required in accordance with 40 CFR § 82.166.9

Reports are submitted from the respondents to EPA headquarters in a written or electronic media

format.

Recordkeeping

1. Certified technicians must maintain a copy of their certification.

2. Programs certifying technicians must display at their place of business a copy of a letter stating EPA approval as required in 40 CFR 82, subpart F, appendix D section (g).

3. Programs certifying technicians must maintain records

, which include the names and addresses of all individuals taking the test, the scores o f all certifications tests administered and the dates and locations of all testing administered as detailed in 40 CFR 82, subpart F, appendix D

, section (g).

4. Persons who sell or distribute any class I or class II substance for use as a refrigerant

must re tain invoices that indicate the name of the purchaser, the date of sale, and the quantity of refrigerant purchased.

5. Refrigerant wholesalers are required to keep on file evidence that at least one technician of the purchaser is properly certified, and may o nly sell refrigerant to the purchaser or his authorized representative.

6. Purchasers of any class I or class II ozone

- depleting refrigerants who employ certified technicians must provide written proof of the certification to the wholesaler who sells

them re frigerant.

7. Approved refrigerant recovery/recycling equipment testing organizations must maintain records of refrigerant recovery/recycling equipment testing and performance and a list of refrigerant recovery/recycling equipment that meets EPA requirements

. 8. Reclaimers must maintain records on a transactional basis of the names and addresses of persons sending them material for reclamation and the quantity of the material (the combined mass of refrigerant and contaminants) sent to them for reclamation.

9. Rec laimers must maintain records of the quantity of material sent to them for reclamation, the mass of refrigerant reclaimed by refrigerant type , and the mass of waste products.

10. Persons disposing of small appliances, motor vehicle air conditioners (MVACs), a nd

MVAC

- like appliances must maintain copies of signed statements on

- site at their place of business verifying that the refrigerant has been previously evacuated from the appliance or shipment of appliances.

11. Persons servicing appliances normally containin g 50 or more pounds of refrigerant must provide the owner/operator of such appliances with an invoice or other documentation, which indicates the amount of refrigerant added to the appliance.

12. The owners/operators of appliances containing 50 or more pounds of refrigerant must keep servicing records documenting the date and type of service, as well as the quantity of refrigerant added.

13. The owners/operators of appliances containing 50 or more pounds of refrigerant must keep records of refrigerant purchased and added to such appliances in cases where owners add their own refrigerant.

Reporting10

1. Approved refrigerant recovery/recycling equipment testing organizations shall submit a

list o f all certified refrigerant recovery/recycling equipment to EPA within 30 days of the organization's approval by EPA and annually at the end of each calendar year thereafter.

2. Approved refrigerant recovery/recycling equipment testing organizations shall su bmit to EPA within 30 days of the certification of a new model line of refrigerant recovery/recycling equipment the name of the manufacturer and the name and/or serial

number of the model line.

3. Approved refrigerant recovery/recycling equipment testing org anizations shall notify EPA if retests of refrigerant recovery/recycling equipment or inspections of manufacturing facilities conducted pursuant to § 82.158(j) show that a previously certified model line fails to meet EPA requirements. Such notification mus t be received within thirty days of the retest or inspection.

4. Reclaimers must submit an application seeking approval as an EPA

- certified refrigerant reclaimer. Certification is required prior to reclamation of any refrigerant consisting in part of a used class I or class II ozone

- depleting substance that intended for resale to a

new owner. 5. Reclaimers must report the quantity of material sent to them for reclamation, the mass of refrigerant reclaimed by refrigerant type , and the mass of waste products. Rec laimers must report this information to EPA annually within 30 days of the end of the calendar

year.
6. Certifying programs for technicians must submit an application seeking EPA approval. Agency approval is required prior to the organizations’ issuance of Section 608

certification credentials

7. EPA must receive an activity report from all approved certifying programs by every January 30 and June 30 which includes the pass/fail rates and testing schedules as detailed in 40 CFR 82 subpart F, appendix D

, section (g).

8. 40 CFR § 82.166 (n) requires that persons requesting extensions or exclusions from the leak repair requirements must submit in writing the reasons for the request.

(ii) Respondent Activities

Refrigerant Recovery/Recycling Equipment Certification

- Independent testing of refrigerant recovery/recycling equipment is required to ensure that the refrigerant recovery/recycling equipment is capable of meeting the standards described in 40 CFR §82.158 and appendices B and C of the regulations. To ensure reliability and objectivity of the refrigerant recovery/recycling equipment certification programs are required to submit an application to

EPA.

Applications for refrigerant recovery/recycling equipment testing approval must include

written information v erifying the following: (l) the list of refrigerant recovery/recycling equipment present at the organization that will be used for testing refrigerant recovery/recycling equipment; (2) expertise in refrigerant recovery/recycling equipment testing and the technical experience of the organization's personnel; (3) thorough knowledge of the standards as they appear in 40 CFR §82.158 and appendices B and C of the regulation; and (4) a program for11

verifying the performance of certified refrigerant recovery/recyc ling equipment over the long

term.

The refrigerant recovery/recycling equipment testing organization must certify that it has no conflict of interest, and that it receives no direct or indirect financial benefit from the

outcome of certificatio n testing. The organization must agree to allow the Administrator access to records and personnel to verify the information contained in the application.

Organizations testing refrigerant recovery/recycling equipment must notify EPA of newly certified re frigerant recovery/recycling equipment, or if equipment previously certified fails the periodic re

- test required by the regulation. Each such organization must also send an annual report to EPA naming all refrigerant recovery/recycling equipment that it h as certified to

date.

Reclaimers

- Reclaimers are required to submit to EPA a statement containing the following (in accordance with 40 CFR §82.164): (1) the name and address of the reclaimer; (2) the list of equipment that will be used to reprocess and to analyze reclaimed refrigerant; ( 3) a certification that the refrigerant will be returned to at least the standard of purity set forth in ( Air

Conditioning , Heating & Refrigeration Institute) ’s ARI Standard 700, "Specifications for Fluorocarbon Refrigerants"; (4) a certification that the purity of the refrigerant will be verified using the methods set forth in ARI Standard 700; (5) a certification that no more than 1.5 percent of the refrigerant will be released during the reclamation process; (6) a certification that the

wastes from the r eclamation process will be disposed of in accordance with applicable laws and regulations; and (7) a certification that the information provided is true and correct. A responsible officer of the reclamation company must sign the statement.

Reclaimers must also submit to EPA annual reports detailing the total amount of used refrigerant sent for reclamation and the total amount of refrigerant by refrigerant type and waste products recovered (40 CFR §82.166(h)).

Service and Disposal Establishments

- Persons maintaining, servicing, repairing, or disposing of

air

- conditioning or refrigeration equipment must submit to EPA a statement which includes the following (40 CFR §82.162(a)): (1) a certification that such person has acquired certified refrigerant recover y/recycling equipment and is complying with the requirements of the rule; (2) the name and address of the purchaser of the refrigerant recovery/recycling equipment; (3) the number of trucks operated by the establishment; (4) the name and address of the est ablishment where the refrigerant recovery/recycling equipment is or will be located; and (5) the manufacturer's name, the date of manufacture, and the model and serial number of the refrigerant recovery/recycling equipment. The owner of the refrigerant rec overy/recycling equipment or another responsible officer must sign the statement certifying that the information given is true

and correct.

Disposers are also required to maintain a copy of a signed statement (reference OMB

form #2060

- 0256, The United Sta tes Environmental Protection Agency Refrigerant Recovery or12

Recycling Device Acquisition Certification Form ) for each piece of disposed equipment, thus demonstrating that all of the remaining refrigerant was recovered from the equipment before final dispos al (40 CFR sections 82.156(f)(2) and 82.166(i)).

Technician Certification Programs

- Persons seeking approval of technician certification programs are required to submit verification of the following (40 CFR §82.161(c) and appendix D): (1) ability to produce multiple versions of examinations for each test site; (2) sufficient

internal c apacity to process the scoring and the accompanying documentation; and (3) ability to ensure the confidentiality and security of test questions and answers. Testing organizations have to be able to provide proctors for examinations and have to verify the identity of technicians by examining photo identification. Technician certification programs are required to submit reports to EPA every six months that include information on the pass/fail rate and testing schedules.

Submissions for approval of technici an certification programs that have already tested and certified technicians are required to include (1) verification that the program meets all of the standards set forth in the rule, or (2) verification that the program meets all of the standards set

for th in the rule except for a few, in which case the program must submit verification that appropriate supplementary materials will be provided upon EPA's approval to all persons previously certified under the program (40 CFR 82.161(g)).

Technicians

- Techn icians are required to pass a certification test and to keep a wallet sized certification card (40 CFR 82.166(1)).

Owners of Industrial Process Refrigeration

- S ection 82.166(n) requires that the following information listed in (1)

- (8) must be submitted by persons requesting extensions or exclusions from leak repair. These requirements (40 CFR 82.156) are only applicable in instances where owners/operators of appliances leaking above the specified trigger leak rates for the specific type of appliance th at they own (e.g., federally owned commercial refrigeration appliance).

(1) identification of the facility; (2) the leak rate; (3) the method used to determine the leak rate and full charge; (4) the date a leak rate of greater than the allowable annual leak rate was discovered; (5) the location of leaks(s) to the extent determined to date; (6) any repair work that has been completed thus far and the date that work was completed; (7) the reasons why more th an 30 days are needed to complete the work; (8) an estimate of when repair work will be completed; (9) a plan to fix other outstanding leaks for which repairs are planned but not yet completed to achieve a rate below the applicable allowable leak rate; and (10) ident ification of the facility and date the original information regarding additional time beyond the initial 30 was filed, and notification of the determination that the leak rate no longer exceeds the allowable annual leak rate.13

For instances whe re the owners or operators intend to establish that the appliance's annual leak rate does not exceed the applicable allowable annual leak rate in accordance with

' 82.156(i)(3)(v), the owner or operator is required to include item (9). Item (10) must be

in cluded within 30 days of determining that the leak rate does exceed the applicable allowable annual leak rate. In those cases, items (9) and (10) may replace items (7) and (8).

The same records that are required to be submitted (above) by those requesti ng extension of compliance deadlines for leak repair, must also be maintained on

- site

Where the owners or operators intend to establish that the appliance's annual leak rate does not exceed the applicable allowable annual leak rate in accordance with § 82.156(i)(3)(v), the owner or operator is required to include item (9). Item (10) must be included within 30 days of determining that the leak rate does exceed the applicable allowable annual leak rate. In those cases, items (9) and (10) may replace items (7) and (8) above.

The dates and types of verification tests performed and test results must be submitted to EPA within 30 days of conducting each test.

§ 82. 166(o) requires that the following items are required for those persons wishing an

extension o f the retrofit/retirement requirements:

(1) the identification of the industrial process facility; (2) the leak rate; (3) the method used to determine the leak rate and full charge; (4) the date a leak rate of 35 percent or greater was discovered; (5) the location of leaks(s) to the extent determined to date; (6) any repair work that has been completed thus far and the date that work was completed; (7) a plan to complete the retrofit or replacement of the system; (8) the reasons why more than one y ear is necessary to retrofit or replace the system; (9) the date of notification to EPA; (10) an estimate of when retrofit or replacement work will be completed; (11) if time changes for original estimates result in moving the date of completion forward, documentation of the reason for these changes; (12) and the date of notification to EPA regarding a change in the estimate of when the work will be completed.

I tems (11) and (12) are required to be submitted only when such changes result in moving the date of completion forward, and will be submitted within 30 days of occurring.

The same records that are required to be submitted, above, by those requesting exte nsion of compliance deadlines for retrofitting, must also be maintained on

- site. Items (11) and (12) are required to be submitted only when such changes result in moving the date of completion14

forward, and will be submitted within 30 days of occurring.

40 CFR 82. 166(p)(1) permits persons who wish to exclude purged refrigerants that are destroyed from annual leak rate calculations; however, the persons must maintain records on

- site to support the amount of refrigerant claimed as sent for destruction. Rec ords shall be based on a monitoring strategy that provides reliable data to demonstrate that the amount of refrigerant sent for destruction corresponds with the amount of refrigerant purged. Records shall include:

(1) flow rate; (2) quantity or concentr ation of the refrigerant in the vent stream; and (3) periods of purge flow.

40 CFR 82. 166(q) permits persons to calculate the full charge of an affected appliance by establishing a range based on the best available data and the normal operati ng characteristics and conditions for the appliance. The mid

- point of the range will serve as the full charge, and where records are maintained they shall include:

(1) the identification of the owner or operator of the appliance; (2) the location of the appliance; (3) the original range for the full charge of the appliance, its midpoint, and how the range was determined; (4) any and all revisions of the full charge range and how they were determined; and (5) the dates such revisions occurred.

5. THE INFORMATION COLLECTED

-- AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT

5(a) Agency Activities

Agency activities associated with the review of the reports and recordkeeping requirements for the National Recycling Program consist of reviewing the following:

 Applications from independent refrigerant recovery/recycling equipment testing labs that wish to certify recovery/recycling equipment;

 Lists of certified refrigerant recovery/recycling equipment submitted annually by testing organizations;

 Notices of new refrigerant recovery/recycling equipment certification and of decertification of previously certified refrigerant recovery/recycling equipment;

 Applications for service establishment certification;

 Applications for disposer ce rtification;

 Applications for reclaimer certification;

 Annual reports from reclaimers on their activities;

 Applications for approval to conduct technician certification programs;15

 Reports submitted by approved technician certification programs; and

 Subm issions from owners of industrial process refrigeration equipment.

5(b) Collection Methodology and Management

EPA has not developed required reporting forms or applications, although it has developed a sample form intended to facilitate certification by owners of recovery/recycling equipment (reference the enclosed OMB form #2060

- 0256, The United States Environmental Protection Agency Refrigerant Recovery or Recycling Device Acquisition Certification Form ). Entities are encouraged to submit the require d information in a format compatible with their existing recordkeeping practices. The information submitted by each member of the regulated community will be stored at EPA headquarters for review and reference.

EPA has determined that periodi c on

- site inspection is the most effective method to ensure compliance with section 608. The records should be kept at the location where service or disposal of equipment involving refrigerant is performed or refrigerant is sold, distributed, or

reclaimed

.

5(c) Small Entity Flexibility

The regulations permit technicians who work on small appliances to become certified through passage of a take

- home test rather than a proctored test. This provision was implemented in recognition of the facts that (1) en tities servicing small appliances are often small businesses, (2) many of these entities only rarely perform service on the refrigerant circuit of small appliances, and (3) the quantity of refrigerant in small appliances is less than five pounds. For simi lar reasons, individuals who recover refrigerant from small appliances and motor vehicle air conditioners (MVACs) when they are disposed of are not required to be certified at all and are not required to use certified refrigerant recovery/recycling equipme nt.

Several of the recordkeeping and reporting requirements of the rule are intended to permit entities greater flexibility in complying with the regulation. Final persons in the disposal process for small appliances and MVACs may elect not to perform r efrigerant recovery themselves so long as they obtain a signed statement from persons upstream in the disposal process that the refrigerant has been removed already. Thus, the signed statement permits the final disposer to delegate responsibility for refr igerant removal. Owners of appliances that leak above a certain level may elect to retrofit or replace their appliances rather than repair them so long as they develop a retrofit or retirement plan. Thus, the plan permits the owner greater flexibility in reducing refrigerant emissions. Owners of industrial process refrigeration equipment may take longer than 30 days to complete repairs or longer than one year to retrofit or replace equipment so long as they submit documentation to EPA explaining their ne ed for additional time. Again, the reporting permits the owner greater flexibility in compliance.

5(d) Collection Schedule16

EPA requires maintenance of the following records for a minimum of three (3) years.

 Organizations operating refrigerant recovery/recycling equipment certification programs must complete a onetime application for approval from EPA. The approved refrigerant recovery/recycling equipment testing organizations must report when new equipment passes the certification test, when p reviously certified equipment fails retesting or inspection, and provide an annual report of the equipment that the organization has certified.

 Service establishments must complete a one

- time certification requirement to EPA.

 Establishments that recover re frigerant from appliances, machines, or other goods at disposal must complete a onetime registration requirement.

 Reclaimers must complete a onetime certification and approved reclaimers must report annually on their reclamation activities.

 Or ganizations seeking approval to conduct technician certification programs must complete a onetime application for approval from EPA to do so, and after approval are required to submit a semiannual report to EPA.

 Owners of industrial process refrigeration equipment must submit a onetime request if they wish to obtain an extension or exclusion described above. It is collected so that EPA may determine whether an extension or exclusion should be granted.

6. ESTIM ATING THE BURDEN AND COST OF THE COLLECTION

This section provides burden tables that provide the numerical basis for the annual burden and cost of this ICR renewal by detailing the following:

 EPA ’ s rationale in preparing respondent burden and cost tables;

 estimating respondent and Agency burden (hours to complete required activities);

 estimating respondent and Agency labor costs and costs of capital associated with the those activities;

 developin g universe estimates; and

 calculating burden and cost totals.

The collection activities defined in Sections 4 and 5 are referenced to develop the

aforementioned estimates. The activities for which EPA has estimated burden and cost correspond directly wi th the activities listed in Sections 4 and 5.

6(a) Estimating Respondent Burden

Estimates of respondent burden and cost for the rule are presented below. All hour estimates are based on EPA's experience implementing this program and on EPA's best17

professional judgment. The overall reporting and recordkeeping burden for the rule has dropped significantly since the original ICR was developed because much of the burden calculated in the original ICR was associated with the start

- up of the program, wh ich is now complete. Thus, all burden hours and costs presented here are annual. None of the reporting or recordkeeping requirements is expected to have associated capital costs.

6(b) Estimating Respondent Costs

Based upon the burden hours, EPA has est imated the labor cost per respondent and the capital costs required to complete each activity. The total cost for each respondent activity is comprised of the following:

 Labor Cost (for legal, managerial, technical, clerical, and other employees);

 Capital/Start

- up Cost (for equipment, machinery, and construction); and

 Operating and Maintenance (O&M) Cost (for labor and equipment needed over time as well as for the purchase of services).

(i) Estimating Labor Costs

EPA has consulted the original ICR to obtain the appropriate baseline labor rates for each labor category. The labor rates reflect the total cost to employ an individual and include

estimates of salaries and overhead costs.

EPA estimates the average annual respondent hourly c ost (labor plus overhead) for all affected entities below. In deriving these costs, EPA used the median hourly earnings of $ 21.10 for heating, air

- conditioning, and refrigeration mechanics and installers from the Bureau of
Labor Statistics

. 1 EPA then mult iplied this number by 110% for overhead ($ 21.10 x 1.10 = $ 2 3.21 ). The resulting cost of $ 44.31 ($ 2 1 .10 + $2 3

. 21 ) is the average hourly administrative cost of labor plus overhead for a private firm.

(ii) Estimating Capital and Operations and Maintenance Costs

According to the 1995 PRA, burden is the "total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency." Any activity that is not usual and customary is considered a burden. This ICR renewal includes the time needed to review instructions, maintaining records, completing paperwork, gathering information, and reporting information. The Agency has also included
costs associated with the information colle ction activities, such as capital costs and operations and maintenance (O&M) costs.

As part of the submission to OMB, EPA has estimated all costs for respondents to comply with required Agency activities that are not incurred by persons in their normal co urse of

1 Bureau of Labor Statistics, U.S. Department of Labor, Occupational Employment and Wages, May 2013 , Heating, Air Conditioning, and Refrigeration Mechanics and Installers, on the Internet

a t http://www.bls.gov/oes/current/oes499021.htm (visited June 20 , 2014 ).18

activities. Capital used for the routine and usual functioning of a company, or for a technical requirement for which there is no reporting or keeping of information, have not been included as an ICR capital or O&M cost.

(iii) Capital/Start

- up vs. Operating and Maintenance (O&M) Costs

There are two types of non

- labor related costs

-- capital/start

- up costs and operating and maintenance (O&M) costs. One

- time capital/start

- up costs usually include any produced physical good needed to provide the necessary information. Start

- up capital must be purchased for the specific purpose of satisfying EPA ’ s reporting or recordkeeping requirements. Capital goods include computers, machinery, or equipment. Start

- up capital costs are usually incurred at
the beginning of an information collection period and are usually incurred only once. In addition to the actual acquisition of start

- up capital, one

- time activities associated with the production of capital have also been evaluated. The Agency has considere d capital/start

- up costs and O&M costs in determining that there are no non

- labor related costs associated with this ICR renewal.

O&M costs are those costs associated with a paperwork requirement incurred continuously over the life of the ICR. They are defined by the PRA as "the recurring dollar amount of cost associated with O&M or purchasing services." The reporting costs associated with this ICR renewal have been included, and include costs for file storage, photocopying, and postage.

(iv ) Annualizing Capital Costs

Annualized costs represent the amount of an annuity that would have to be paid over a specific period of time that makes an individual indifferent between paying either the stream of payments or the up

- front costs in one lump

- s um. This renewal ICR does not include capital costs, since the re were none associated with the original ICR. There has not been any rulemaking associated with this ICR renewal that would have an associated capital cost.

1. Refrigerant Recovery/Recyclin g Equipment Testing Organizations

Annual Respondent Burden

Collection Activities Burden Hours Annual Labor Costs

Submit to EPA an annual list of all refrigerant recovery/recycling equipment previously
certified 4 .0 $ 177.24

Maintain records of equipment tested and its performance 0.125 $ 5.54

Each of the two refrigerant recovery/recycling equipment testing and certifying organizations approved by EPA are estimated to spend four hours each year preparing and submitting a list of all refrigerant recovery/recycling equipment previously certified

, equipment that has failed retests or inspections , and n ew models that are tested and meet the certification19

requirements. EPA estimates that 1/8 hr is required to maintain records of the tests as these would be maintained as a part of normal business practices. The $ 4 4.31 per hour estimate of cost is the average hourly administrative labor cost, including direct labor and overhead, for a p rivate
firm.

Based on EPA's experience over past years, it is not anticipated that additional entities will apply to become approved refrigerant recovery/recycling equipment testing organizations.

2. Certification by Service Establishments that Change Ownership or Enter the
Market

Annual Respondent Burden

Collection Activities Burden Hours Annual Labor Costs

Compile information, complete certification requirements 1.0 $ 44. 31

The estimated burden of one hour is for each service establishment to collect information, certify to EPA that it is capable of and will follow requirements of the rule, and maintain adequate documentation of employee certification. EPA assumes that it takes each service establishment one hour to complete t he certification form and submit it to the appropriate EPA regional office for the state in which they reside. The $ 44.31 per hour estimate of cost is the average hourly administrative labor cost, including direct labor and overhead, of a private
firm.

3. Certification by Disposal Establishments that Change Ownership or Enter the
Market

Annual Respondent Burden

Collection Activities Burden Hours Annual Labor Costs

Compile information, complete certification requirements 1.0 $ 44.31

The estimated burden of one hour is for each disposal establishment to collect information and certify to EPA that it is capable of and will follow requirements of the Recycling Rule. The $ 44.31 per hour estimate of cost is the average hourly administrative labor cost, including direct labor and overhead, of a private firm.

4. Maintenance of C opies of S igned S tatements by D isposal E stablishments

Annual Respondent Burden20

Collection Activities Burden Hours Annual Labor Costs

Maintain copies of signed statements verifying evacuation of refrigerant 13 $ 576.03

The industry burden is the costs for collecting and maintaining copies of signed statements verifying that refrigerant has been removed from appliances before they are accepted for disposal. An estimated three minutes (0.05 hrs) per business day is s pent filing the

statements. The estimated annual amount of statements verified per disposal facility is 260, assuming these are verified on a daily basis. The $ 44.31 per hour estimate of cost is the average hourly administrative labor cost, including direct la bor and overhead, for a private firm.

5. Certification by Refrigerant Reclaimers that Change Ownership or Enter the
Market

Annual Respondent Burden

EPA assumes that it takes an average of five hours for each of these organizations to prepare their certification packages. The $ 44.31 per hour estimate of cost is the average hourly administrative labor cost, including direct labor and overhead, for a private firm.

6. Reclaimer Reporting and Record Keeping

Annual Respondent Burden

Collection Activities Burden Hours Annual Labor Costs

Submit annual reports to EPA Headquarters 5.0 $221.55

Maintain copies of
transactional records 6.25 $276.94

Reclaimers must maintain records on quantity of refrigerant received, quantity reclaimed, and mass of waste products generated, and report yearly totals to EPA. Compiling this information, preparing it for EPA, and submitting it to EPA is estimated to tak e five hours per year. Reclaimers must also maintain records of refrigerant sales transactions; it is assumed that each reclaimer will spend 0.125 hours. The amount of recordkeeping actions per reclaimer is estimated to be 50. Therefore, each reclaimer wi ll spend 6.25 hours maintaining such records on
an annual basis . The $ 44.31 per hour estimate of cost is the average hourly administrative labor Collection Activities Burden Hours Annual Labor Costs

Completing certification and submitting it to EPA Headquarters 5.0 $221.5521

cost, including direct labor an d overhead, for a private firm.22

7. Refrigerant Wholesalers

Annual Respondent Burden

EPA assumes that each refrigerant wholesaler must spend on average approximately two minutes ma intaining transactional records indicating the name of the purchaser, date of sale, and the quantity of refrigerant purchased, as well as a copy of the certifica tion card for an employee of the purchaser. EPA estimates that each refrigerant wholesaler performs 25 recordkeeping actions per year. Therefore the estimated annual burden time in hours is 0.83. The $ 44.31 per hour estimate of cost is the average hourly a dministrative labor cost, including direct labor and overhead, for a private firm.

8. Technician Certification Programs Applying for Approval and Recordkeeping Annual Respondent Burden

Collection Activities Burden Hours Annual Labor Costs

Compiling information to become approved and submitting it to EPA Headquarters 5.0 $ 221.55

The EPA estimates that it will take five hours to compile the necessary information to apply for the certification program approval. The $ 44.31 per hour estimate of cost is the average hourly administrative labor cost, including direct labor and overhead, for a private firm.

9. Recordkeeping and Biannual Reporting by Existing Technician Certification Programs

Annual Respondent Burden

Collection Activities Burden Hours Annual Labor Costs

Submit biannual reports to
EPA 2 .0 $ 88.62

Maintain records of the applicants’ name, address, and scoring results 5.0 $ 221.55

Ninety

- One testing organizations are estimated to spend two hours each year per firm submitting statistical information on their tests ( 1 hour for each six

- month report). The biannual Collection Activities Burden Hours Annual Labor Costs

Retain invoices indicating purchaser, date of sale, and quantity of refrigerant purchased.

Maintain technician
certification credentials of purchaser’s employee 0.83 $36.7823

reports summarize information on the numbers of previously certified individuals, individuals taking the tests, scores of all certification t ests as well as the dates and locations of all tests
administered. EPA estimates that 5 hours per year are spent on maintaining records of the
individuals certified. The $ 44.31 per hour estimate of labor cost is the average hourly
administrative labor cost , including direct labor and overhead, for a private firm.

10. Technicians Applying for Certification and Maintaining Certification Cards

Annual Respondent Burden

Collection Activities Burden Hours Annual Labor Costs

Acquire initial certification 0.0167 $0. 7 4

Maintain certification card 0.0 167 $0. 74

It is estimated that approximately 10 percent of the estimated 300,000 technician labor force turns over each year, necessitating certification

. EPA estimates that each technician will spend one minute maintaining a copy of the certification card.

11. Owners of Refrigeration and Air

- Co nditioning Equipment

Annual Respondent Burden

Collection Activities Burden Hours Annual Labor Costs

Keep service records for appliances containing more than 50 lbs of refrigerant stating the date and type of service, the quantity of refrigerant added, and quantities of refrigerant purchased 0.025 $ 1. 11

EPA assumes that owners/operators of industrial process refrigeration, comfort cooling, and commercial refrigeration equipment (i.e., appliances) with charge sizes greater than 50 lbs will maintain service records indicating what was done to their equipment, whether performed by
in

- house service personn el or contracted out, will be maintained as a part of normal operating procedures. Approximately two additional minutes may be needed to maintain purchase and service orders. The $ 44.31 per hour estimate of labor cost is the average hourly administrative labor cost, including direct labor and overhead, for a private firm.

1 2. Persons Servicing Refriger ation and Air

- C onditioning Equipment

Annual Respondent Burden

Collection Activities Burden Hours Annual Labor Costs

Provide service records to owners/operators of appliances with refrigerant 0.025 $ 1. 1124

Collection Activities Burden Hours Annual Labor Costs
charges greater than 50 lbs with an invoice stating the amount of refrigerant added to the appliance

EPA assumes that owners/operators of industrial process refrigeration, comfort cooling, and commercial refrigeration equipment (i.e., appliances) with charge sizes greater than 50 lbs will maintain service records indicating what was done to their equipment, whether performed by
in

- house service personnel or co ntracted out, will be maintained as a part of normal operating procedures. Approximately two additional minutes may be needed to maintain purchase and service orders. The $ 44.31 per hour estimate of labor cost is the average hourly administrative
labor co st, including direct labor and overhead, for a private firm.

1 3

. Leak Repair Requirements for Owners of Industrial Process Refrigeration

Annual Respondent Burden

Collection Activities Burden Hours Annual Labor Costs

Submit requests for 30

- day
extensions (IPR and in limited instances federally owned equipment) 0.5 $ 22.16

Submit requests for retrofit
extensions (IPR and in limited instances federally owned equipment) 0.5 $ 22.16

Maintain information on purged and destroyed refrigerant 0. 0 25 $ 1.11

Maintain information on the calculation of the full charge using a range 0. 0 25 $ 1.11

Maintain reports on the
results of verification tests (IPR and in limited instances federally owned equipment) 0. 0 25 $ 1.11

Prepare and maintain plan to retire, replace, or retrofit equipment 8 .0 $ 354.48

The basis of the analysis is the identification of the steps involved in seeking an extension
to or exclusion from the leak repair provisions. These costs have been estimated by identifying the number of times the step will be undertaken, the number of hours required to complete each step, and the total dollar costs. Each hour of industry time is valued at $ 44.31 . This value represents an average hourly rate of pay for a private firm and is based on anecdotal information25

gleaned through the operation of the allowance tracking system during the past years.

Industrial Process Refrigeration, Comfort Cooling, and Commercial Refr igeration appliances have the option, and in limited cases are mandated, to create and maintain plans to retire/retrofit their equipment under the leak repair requirements of 40 CFR 82.156. The
estimated burden of 8 hours is for equipment owners who decid e not to repair leaks and subsequently must develop and maintain a plan showing that the equipment will be retired, replaced, or retrofitted. It is further assumed that five percent of all equipment owners will elect to proceed with such a plan rather tha n repair leaks. The $ 4 4.06 per hour estimate of cost is the average hourly administrative labor cost, including direct labor and overhead, for a private firm.

6(c) Estimating Agency Burden and Cost

The hourly rate for EPA staff at the GS

- 9 Step 1 level is $ 20.11 per hour. This hourly basic rate is from the GS salary schedule listed in the Federal Wage Page of the Office of Personnel Management website http://www.opm.gov/oca

. EPA then multiplied the hourly rate by the standard government benefits and overhead multiplication factor of 1.6. The resulting rate that was used in estimating annual Agency burden and cost is $ 32.18 ($ 20.11 x 1.6).

EPA has used past experience and reporting data in addition to estimates f rom the affected community in determining the number of respondents for which the Agency would assume the burden of review or response. The following paragraphs describe the amount and degree of burden endured by EPA review of required respondents’ report s.

 Each year, EPA will review annual reports submitted by the two testing organizations for completeness and to make sure that EPA's list of certified refrigerant recovery/recycling equipment is complete. Each evaluation will require one

- half hour, for a total of one hour

per year.

 EPA assumes

, based on previous data

, that there are 22,000 to 45,000 service establishments in the United States. However due to the continuing phase out of ozone depleting refrigerants, EPA assumes that the number of estab lishments entering the workplace that are servicing equipment containing ozone

- depleting refrigerants is declining and those establishments that leave the workplace is increasing. EPA estimates that five percent of 45,000 establishments (2,250 ) are assume d to enter or change owne rship annually, necessitating certification. EPA personnel are assumed to spend 15 minutes reviewing each certification from service establishments. Thus requiring 5 62 .5 hours per year for review.

 EPA estimates that there are 7,500 disposal establishments that are considered new companies or change ownership during the year . EPA assumes that the number of establishments entering the workplace remains constant with the numbers that leave the workplace. Most of these have alre ady fulfilled this one

- time certification requirement, but five percent of these (375) are assumed to change ownership annually, necessitating recertification. EPA Regional personnel are assumed to spend 15 minutes reviewing each
certification from 375 di sposal establishments. Thus requiring 93.75 hours per year for
review.

 EPA currently has 60 certified refrigerant reclaimers who must submit annual activity reports. Based on EPA's expe rience, it is assumed that four new refrigerant reclaimers per year will submit one

- time applications to EPA to be certified. EPA is assumed to spend one hour reviewing and approving each certification for a total of four hours per year. In addition, EPA will spend one hour reviewing each of the annual reports submitted by the 6026

reclaimers, for a total of 60 hours per year.

 EPA currently has 91 certified technician certifying programs. Each program is required to submit biannual activity reports to EPA. EPA will spend one hour each reviewing biannual activity reports submitted by the 91 technician testing organizations, for a total of 182 hours per year. Based on EPA's experience, the Agency expects to certify five new organizations

per y ear. EPA expects to spend two hours reviewi ng and approving each application, for a total of 10 hours per year.

 EPA estimates that it takes one

- half hour to review and make a determination on each of the anticipated 15 requests from owner/operators of industrial process refrigeration equipment
f or an extension to the 30

- day repair requirement for mandatory leak repair, for a total of 7.5 hours per year.

 EPA estimates one hour to review and make a determination on five anticipated request
from the owner/operator of IPR equipment for an extensio n to the one

- year retrofit requirement under the leak repair requirements, for a total of five hour s a year.

6(d) Estimating the Respondent Universe and Total Burden and Costs

The respondent universe as well as the frequency of reporting is defined in 40 CFR subpart F, and includes the number of respondents for established refrigerant recovery/recycling equipment testing organizations; averages for the number of service establishments, disposers, and refrigerant reclaimers that enter the market or chan ge ownership; refrigerant wholesalers; technician certification programs; technicians acquiring certification and maintaining certification cards; owners of refrigeration and air

- conditioning equipment; and owners of industrial process refrigeration equipm ent.

EPA has used past experience and reporting data in addition to estimates from the affected community in determining the number of respondents (or the respondent universe). The estimates are based upon EPA's experience in implementing the rule since 1993. A listing of
these entities follows:

 Testing organizations for refrigerant recovery/recycling equipment have remained at two organizations since inception of the regulations during May 1993.

 The preamble to the Recycling Rule notes that there are 22,000 to 45,000 service establishments in the United States. The continuing phase out of ozone depleting refrigerants has resulted in a five percent net loss of service establishments for a total

nu mber of 42,750. Most service establishments have already fulfilled these one

- time requirements, but roughly five percent of 42,750 establishments ( ~2

, 250 ) are assumed to change ownership annually, thus necessitating recertification.

 EPA estimates the ex istence of 7,500 disposal establishments. Most of these have already fulfilled this one

- time requirement, but five percent of these (375) are assumed to change ownership annually, necessitating recertification.

 EPA currently has 60 certified refrigeran t reclaimers who must submit annual activity reports. Based on EPA's experience, it is assumed that four (4) reclaimers per year will
submit one

- time applications to EPA to be certified.27

 EPA believes that the number of establishments that sell refrigera nt has remain over the past few years, mainly due to the availability of refrigerant. This ICR renewal assumes
that the number of wholesalers has remained 200,000

.

 EPA currently has 91 certified technician certifying programs. Each program is required

t o submit biannual activity reports to EPA. Based on EPA's experience

, five new organizations per year are estimated to take 5 hours each to assemble and submit materials to EPA requesting that they be authorized to test and certify technicians.

 Statem ents from certifying organizations have actually claimed that the number of certified technicians entering the workplace is decreasing. Therefore, EPA assumes that there is no longer a 10% annual increase in the number of new technicians entering the
workplace. EPA assumes that the number of technicians entering the workplace has
remained constant with those that who have left the workforce. Thus this ICR renewal assumes that the number of technicians has remained constant at 300,000.

 Under limited circ umstances, EPA allows owners/operators of industrial process refrigeration equipment with a charge size greater than 50 lbs of an ozone

- depleting refrigerant to submit a written request for an extension to leak repair requirements. The
number of occurrenc es of each of the activities is based on the estimated number of requests for extension and/or exclusion by an estimated number of entities that will likely choose to make such a request. Based on the volume of requests submitted to EPA, the Agency estima tes that approximately 20 owners/operators of appliances will take advantage of the extensions and exclusion each year. EPA estimates the breakdown
to be for 15 owners/operators seeking extensions to the 30

- day leak repair requirement,
and 5 owners/operators seeking extensions to the one

- year retrofit requirement.

 Based on actual submissions to EPA, the Agency estimates that two owners/operators of comfort cooling, commercial refrigeration, and industrial process refrigeration equipment wi th charge sizes greater than 50 lbs of an ozone

- depleting refrigerant will choose to exclude the amount of purged and destroyed refrigerant from their leak rate calculations. Therefore only two owners/operators are estimated to maintain
information substa ntiating the amount of refrigerant purged or destroyed.

 EPA estimates that 200,000 owners/operators will maintain records showing how they calculated the full charge of their equipment using a range.

 EPA estimates that 5,000 owners/operators will spend 8 h ou rs developing a
retrofit /retirement plan for their appliances , and maintain the required retire/retrofit report on

- site at their place of business.

 Owners/operators of refrigeration and air

- conditioning equipment with a charge greater
than 50 l bs of an ozone

- depleting refrigerant are required to maintain service records documenting the date and type of service, as well as the quantity of refrigerant added, in accordance with 40 CFR 82.166(k). EPA assumes that these records are maintained as a

p art of normal business procedures. EPA also assumes that the number o f owners/operators entering the field remains constant (at approximately 2 0,500 ) with the number of owners/operators whose organizations go out of business.

 Persons servicing refrigeration and air

- conditioning equipment with a charge greater
than 50 lbs of an ozone

- depleting refrigerant are required to provide their customers28

with an invoice indicating the amount of refrigerant added to the appliance. EPA
assumes that these re cords are submitted as a part of normal business procedures to an estimated 20,500 owners/operators who would require service , and in fact are required between the two parties in order to initiate payment for services rendered. EPA estimates
that no more t han additional minutes would be needed to meet this requirement.

6(e) Bottom Line Burden Hours and Cost Tables

The bottom line burden hours and cost tables for respondents and the Agency are
summarized below for all activities.

(i) Respondent Tally

ANNUAL RESPONDENT BURDEN AND COST

Activity Number of Respondents Number of

Responses

per Respondent Burden Hours

(Time) per Respon se Total Hours per

Year for all Respondents Total Labor Costs

REPORTING

Refrigerant Recovery/ Recycling Equipment Testing Organizations

- S ubmit reports on approved equip ment (including new model lines and failed retests/inspections)

2 1 4 8 $ 354.48 Certification by Owners of Refrigerant Recovery/ Recycling Equipment (or Service Established) that Change Ownership or Enter the Market Compile information, complete certification requirements
2,250 1 1 2

, 250 $99,697.50

Certification by Disposal Establishments that change Ownership or Enter the Market 3 75 1 1 375 $16,616.25

Certification by Refrigerant Reclaimers that Change Ownership

or Enter the Market 4 1 5 20 $886.20

Reclaimer Annual Activity Report 60 1 5 300 $13,293.00

Technician Certification Programs Applying for Approval 5 1 5 25 $1,107.75

Biannual Reporting by Existing Technician Certification Programs 91 2 1 182 $8,064.42

Owners/operators of appliances w/charge sizes >50 lbs prepare & 15 1 0.5 7.5 $332.3329 Activity Number of Respondents Number of

Responses

per Respondent Burden Hours

(Time) per Respon se Total Hours per

Year for all Respondents Total Labor Costs

submit requests for extensions to

30

- day repair timeline

Owners/operators of appliances w/charge sizes > 50 lbs prepare &

submit requests for extensions to 1 yr retrofit/retire timeline 5 1 0.5 2.5 $110.78

SUBTOTAL 2,807 varies varies 3,170 $140,462.70

RECORDKEEPING Refrigerant Recovery/ Recycling Equipment Testing Organizations

- Maintain records of refrigerant recovery/recycling equipment tested and its performance 2 1 0.125 0.25 $ 11.0 8 Maintenance of copies of signed

statements of previous refrigerant

recovery by disposal

establishments 7,500 260 0.05 97,500 $4,320,225.00

Reclaimer r ecord k eeping 60 50 0.125 375 $16,616.25

Refrigerant wholesale r s recordkeeping for refrigerant sales

, including maintenance of

technician certification cards from purchasers employing at least one

certified technician 200 ,000 25 0.033 165,000 $7,311,150.00

Record keeping by Existing Technician Certification Programs 91 1 5 455 $20,161.05

Technicians Acquiring

Certification Cards 30,000 1 0.0167 501 $22,199.31

Technicians Maintaining

Certification Cards 300,000 1 0.0167 5,010 $221,993.10
Persons servicing appliance s w/charge sizes >50 lbs provide

invoices to appliance owners/operators 20,500 1 0.025 512.5 $22,708.88

Owners/operators of appliances w/charge sizes >50 lbs maintain purchase and service records 20,500 1 0.025 512.5 $22,708.88
Owners/operators of appliances w/charge sizes >50 lbs

- Maintain information on purged/destroyed refrigerant 2 1 0. 025 0. 05 $2.2230 Activity Number of Respondents Number of

Responses

per Respondent Burden Hours

(Time) per Respon se Total Hours per

Year for all Respondents Total Labor Costs Owners/operators of appliances w/charge sizes >50 lbs

- Develop/Maintain plan to retire/replace or retrofit equipment,

as applicable 5 ,000 1 8 40, 0 00 $1,772,400.00 Owners/operators of appliances w/charge sizes >50 lbs

- Maintain

information on the calculation of the full charge using a range, as applicable 2 00,0 00 1 0. 025 5,000 $221,550.00 Owners/operators of appliances w/charge sizes >50 lbs

- Maintain reports on the results of

verification tests (IPR and in limited instances federally owned equipment) 100,025 1 0. 025 2,500.625 $110,802.69

SUBTOTAL 883,680 varies varies 317,367 $ 14,062,528 .45

Total Number of Respondents = 883,680 Total Number of Annual Responses = 7,632,018

Annual Hour Burden = 320,537
Tot al Labor Costs = $ 14,202,991

(ii ) The Agency Tally

ANNUAL AGENCY BURDEN AND COST

Activity Number of Respondents Number of

Responses

per Respondent Agency

Burden Hours (Time) to

Review each Respon se Total Agency

Hours per Year

for all Respondents Total Agency

Labor Costs

REVIEWING & RESPONDING

Refrigerant Recovery/ Recycling Equipment Testing Organizations

- S ubmit reports on approved equip ment (including new model lines and failed retests/inspections)

2 1 0.5 1 $ 32.18

Certification by Owners of Refrigerant Recovery/ Recycling Equipment (or Service 2,250 1 0.25 562.5 $18,099.0031 Activity Number of Respondents Number of

Responses

per Respondent Agency

Burden Hours (Time) to

Review each Respon se Total Agency

Hours per Year

for all Respondents Total Agency

Labor Costs Established) that Change Ownership or Enter the Market Compile information, complete certification requirements

Certification by Disposal Establishments that change Ownership or Enter the Market 3 75 1 0.25 93.75 $3,016.50

Certification by Refrigerant Reclaimers that Change Ownership

or Enter the Market 4 1 1 4 $128.70

Reclaimer Annual Activity Report 60 1 1 60 $1,930.56

Technician Certification Programs Applying for Approval 5 1 2 10 $321.76

Biannual Reporting by Existing Technician Certification Programs 91 2 1 182 $ 5,856.03 Owners/operators of appliances w/charge sizes >50 lbs prepare &

submit requests for extensions to

30

- day repair timeline 15 1 0.5 7.5 $241.32 Owners/operators of appliances w/charge sizes >50 lbs prepare &

submit requests for extensions to 1 yr retrofit/retire timeline 5 1 1 5 $160.88

SUBTOTAL 2,807 10 7.5 9 25.75 $ 29,786.93

Annual Agency Hour Burden = 925.75 hours Total Agency Labor Costs = $ 29,787

(iii) Variations in the Annual Bottom Line

EPA does not anticipate a significant variation (>25%) in the annual respondent reporting /recordkeeping burden or cost over the course of the clearance period. Likewise, the government burdens and costs are not anticipated to vary significantly.

6(f) Reasons for Change in Burden

There have been no regulatory changes associated with this program since the previous
renewal of the ICR. EPA estimates that there will be a slight increase in the time required to submit reports and maintain records due to the inclusion of the time necessary for technicians to acquire certification cards in this update d ICR. In the previous ICR, EPA reported the number of responses and burden hours for some activities in aggregate. In this renewal, EPA has disaggregated this information to represent the expected number of responses through the year32

for a given activity; this results in a higher number of responses but does not impact the burden hours or cost. Therefore, there is no increase of hours in the total estimated individual respondent burden compared with that identified in the ICR currently approved by OMB . EPA has also adjusted costs based on updated labor rates.

6(g) Burden Statement

The annual public reporting and recordkeeping burden for this collection of information
is estimated to range from 1 minute to 8 hours per year for each respondent. This es timate includes time for preparing and submitting reports and maintaining records on

- site at the respondents ’ places of business.

Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable in structions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct

or spo nsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

To comment on t he Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under

D ocket ID No. EPA

- HQ

- O AR

- 2010

- 1016 , which is available for online viewing at www.regulations.gov , or in person viewing at the Air and Radiation Docket and Information Center in the EPA Docket Center (EPA/DC), EPA West, Room 3334 , 1301 Constitution Ave., NW, Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday , excluding legal holidays. The telephone number for the Reading Room is (202) 566

- 1744, and the telephone number for the OAR Docket is (202) 566

- 1742. An electronic version of the public docket is available at www.regulations.gov. This site

can be used to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. When in the system, select “search,” then key in the Docket ID Number

identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503,

Attention: Desk Office for EPA. Please include the EPA Docket ID No. EPA

– HQ

– OA R

– 20 10

- 1016 and OMB control number 2060

- 0256 in any correspondenc e.